Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20030 of 2018
Petitioner :- Santosh Jaiswal
Respondent :- State Of U.P. And Another
Counsel for Petitioner :- Awadh Behari Singh,Manish Singh
Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri A.B. Singh, learned counsel for the petitioner, Sri Deepak Mishra, learned A.G.A. appearing for the State and perused the impugned F.I.R. as well as material brought on record.
The relief sought in this petition is for quashing of the F.I.R. dated 27.4.2018 registered as Case Crime No. 93 of 2018 under sections 419, 420 I.P.C. and 3/7 E.C. Act, police station Sevrahi, District Kushinagar.
Learned counsel for the petitioner submits that offence under sections 419, 420 I.P.C. is not made out against the petitioner and so far as offence under section 3/7 E.C. Act is concerned, the petitioner is not the owner of fair price shop and from the allegation levelling against the petitioner it has also not been shown that which Control order has been breached by him under the aforesaid Section, hence the present F.I.R. is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence.
The Full Bench of this Court in Ajit Singh @ Muraha v. State of U.P. (2006 (56) ACC 433) reiterated the view taken by the earlier Full Bench in Satya Pal v. State of U.P. (2000 Cr.L.J. 569) after considering the various decisions including State of Haryana v. Bhajan Lal (AIR 1992 SC 604) that there can be no interference with the investigation or order staying arrest unless cognizable offence is not ex-facie discernible from the allegations contained in the F.I.R. or there is any statutory restriction operating on the power of the Police to investigate a case.
From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out. Hence no ground exists for quashing of the F.I.R. or staying the arrest of the petitioners.
The writ petition is, accordingly, dismissed.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)
Order Date :- 26.7.2018 Shiraz